AMBASSADOR MEETS WITH REPRESENTATIVES OF JAILED

C O N F I D E N T I A L BAKU 000679

SIPDIS

E.O. 12958: DECL: 07/10/2018
TAGS: KDEM KJUS PGOV PHUM AJ
SUBJECT: AMBASSADOR MEETS WITH REPRESENTATIVES OF JAILED
FORMER MINISTER FARHAD ALIYEV

REF: A. BAKU 481

B. BAKU 596

Classified By: Ambassador Anne E. Derse per 1.4(b,d)


1. (C) On July 10 the Ambassador met with Jamil Hasanli,
Member of Parliament and Chairman of the Committee Defending
the Rights of Farhad Aliyev, and Elton Guliyev, a lawyer for
Farhad Aliyev. Hasanli began the meeting with a discussion
of the difficult situation facing journalists in Azerbaijan.
Hasanli explained that he has been acting as a public
defender for Agil Khalil, a journalist beaten and then
stabbed during the course of reporting a corruption story
(ref a). Hasanli has called both the Border Service and the
Prosecutor General's office, but has not found a legal answer
as to why Khalil was prevented from leaving the country (ref
b). Guliyev further explained that he believes Khalil was
attacked because he would not take a bribe to remain quiet
regarding illegal tree cutting he witnessed, and that without
the diplomatic community's public intervention, Khalil would
have been killed. Hasanli stressed that the media in
Azerbaijan needs to be protected, and asked for continued USG
help in securing the release of three journalists currently
imprisoned.


STATUS OF FARHAD ALIYEV APPEALS
--------------


2. (C) Hasanli then turned the discussion towards the
ongoing appeal of Farhad Aliyev and Rafig Aliyev's
convictions on corruption charges. Hasanli explained that
they had hoped the appeal would fix the violations of the
defendants, rights which happened during the first trial,
but that these hopes have not been realized. Guliyev further
explained that the appeals court would not accept a single
piece of evidence that he had put forth and did not allow
Guliyev and his team sufficient time to prepare the case.
The verdict in this appeal is expected on July 14 or 15.
Guliyev stated, however, that since the appeal has not been
conducted fairly, that they will take the case to the
European Court for Human Rights (ECHR). Guliyev stated that
the legal team has already filed a case with the ECHR
regarding the pre-trial detention of Farhad Aliyev, and the
ECHR has accepted this case. Hasanli then explained that
these appeals will be useless, however, if Aliyev does not
receive proper medical treatment for his heart condition, as
he will then die before the ECHR has time to deliver a
verdict.


3. (C) Hasanli ended the meeting by asking for USG help on
two fronts. He would like U.S. Embassy to help ensure that
President Ilham Aliyev receives accurate information about
this case, as Hasanli is convinced that people around the
President are preventing the truth from reaching him. He
also asked the USG to press the GOAJ to conduct a fair trial
for Farhad Aliyev, and for proper medical care during this
trial period. The Ambassador replied that the United States
will continue to advocate for due process for Farhad Aliyev
as it does for all Azerbaijani citizens, as well as for
proper medical treatment for people in detention.


COMMENT
--------------


4. (C) While Hasanli and Guliyev's points regarding
Aliyev's trial are similar to ones they have previously
raised with the Ambassador, their involvement in media
freedom issues is new, and yet another sign of the growing
recognition of press freedom problems in Azerbaijan.
DERSE